Probable cause is a legal standard under California law. It is based on the reasonable belief that a person engaged in an unlawful act. The probable cause requirement ensures that law enforcement officers take justified actions. The probable cause standard is higher than reasonable suspicion but lower than beyond a reasonable doubt.

However, it plays a critical role in criminal cases. Both the prosecution and the defense can reference the probable cause. When proving reasons for your traffic stop, arrest, or searches, the prosecution must show that the officer had probable cause.

Probable cause is commonly raised as a defense in criminal cases. If there was no reasonable belief that you engaged in the alleged acts, you could seek a dismissal of your case or the evidence collected. Understanding how probable cause helps ensure that your rights are not violated.

The following are common areas where the probable cause applies:

Probable Cause for a Traffic Stop

A traffic officer does not need a warrant to stop your vehicle in California. However, if the stop is not at a DUI checkpoint, the officers must have probable cause. A probable cause in this case is the reasonable belief that the driver or occupants of the vehicle are involved in a criminal act. Some of the factors that can help establish the probable cause include:

  • Speeding. In California, specific speed limits exist for particular road areas. Speeding involves operating the vehicle over the speed limit. Driving above the posted speed limit is a common reason why an officer can stop your vehicle.
  • Violating traffic laws. All drivers on California roads must follow the traffic laws. This ensures the safety of all road users. Common violations of traffic laws include running a red light, ignoring a stop sign, or failing to yield. If an officer observes you engaging in any of these violations, they can stop your vehicle for further investigation. Even small mistakes like failing to signal a lane change can form a probable cause for a traffic stop.
  • Equipment violations. You must ensure your car is in a safe working condition before driving. An officer can have probable cause to stop your vehicle if they spot an equipment violation. Some equipment violations that can cause an officer to stop your vehicle include broken headlights and taillights.
  • Reckless or erratic driving. Reckless driving involves weaving between lanes, tailgating, or aggressively driving. This type of unsafe driving puts other road users at risk. Officers can suspect that you have committed a crime or that you are under the influence of alcohol. In this case, the officer can pull you over.
  • Suspected impairment. A significant reason an officer has probable cause to stop your vehicle is if they suspect DUI. Driving while intoxicated is a serious offense under California law. The traffic stop allows the officer to start a DUI investigation. Common signs of intoxication could include swerving, delayed reactions to emergencies, or slow speed.
  • Distracted driving. A driver is distracted when their mental, visual, and physical concentration is not on the driving. Common examples of distractions include texting, holding a phone, or eating behind the wheel. Officers can initiate a traffic stop if they observe a driver engaging in these distractions.
  • Outstanding vehicle issues. Occasionally, a license plate check reveals more issues with your vehicle. Officers have grounds for a stop if a car is linked to unpaid tickets. Also, officers can stop a vehicle if there is an outstanding warrant for the driver.

Probable Cause for an Arrest

Before a California judge issues an arrest warrant, the officers must show probable cause that you committed a crime. If the officer seeks to arrest you without a warrant, they must also have probable cause. A probable cause in this case is more than reasonable suspicion that:

  • You engaged in a criminal activity.
  • The crime was a felony, whether in the presence or absence of the authorities.

However, the officers do not need to meet the standard beyond a reasonable doubt. For this reason, not all individuals who face an arrest are convicted of their offenses.

Establishing probable cause for an arrest involves the assessment of the circumstances and the evidence available against the individual. Evidence that could support probable cause in this case includes:

  • Physical evidence. For instance, officers may discover a significant quantity of a controlled substance in your vehicle. They can arrest you for possession of a controlled substance. The drugs serve as evidence to build a probable cause.
  • Eyewitness accounts. Sometimes, officers can arrest you when someone reports you have committed a crime.
  • Recorded communications. A recorded confession or communication with another person can be a basis for developing a probable cause for arrest.

Sometimes, officers establish probable cause for an arrest by less direct means. For example, an officer can smell marijuana from your vehicle at a traffic stop and use this to arrest you on suspicion of driving under the influence.

Probable Cause in Search and Seizure Cases

If you are suspected of committing a crime under California law, law enforcement officers may search your home, vehicle, or person. Searches aim to uncover additional evidence to prove that you committed the crime. If law enforcement officers receive a tip that you have illegal substances or information, they can search to substantiate the allegations.

Seizures involve confiscating the items found during the search. The items seized during a search may include illegal drugs, weapons, stolen money, or other evidence relevant to a criminal case. However, under the Constitution's Fourth Amendment, the officers must have probable cause to search.

The requirement will apply regardless of the location of the intended search. In this case, the officers must reasonably believe that the area of the search contained the items or information they seek. Officers can obtain a search warrant by presenting the affidavit that shows probable cause before the judge. After receiving the affidavit, the judge will review it to determine if it meets the legal standard.

The judge then drafts a search warrant, indicating the location and scope of the search. The scope is the extent to which the officers can search. For example, officers cannot search you or your home if a search warrant is for your vehicle. Instead, they must obtain another warrant or seek to modify the existing one. If officers search without probable cause or a warrant, you can petition the court to dismiss the evidence that they collected.

Exceptions to Probable Cause for Searches and Seizures

Although probable cause is a key requirement for searches and seizures, there are exceptions to the rule. Officers can search without a warrant or probable cause in the following situations:

  • Exigent Circumstances

A standard instance when officers do not need probable cause to search your property is when there are exigent circumstances. This occurs when failing to do so at the moment can result in the loss of evidence or endanger the safety of others. Examples of these instances include:

  • Hot Pursuit. When law enforcement officers chase you in a vehicle, they can search you without a warrant. This could prevent you from fleeing to escape justice.
  • Imminent danger. Officers can search your home or vehicle without a warrant if they believe that the items in the specific location pose a threat to the safety of others.
  • Evidence of destruction. You may face a warrantless search if the officers believe you could destroy the evidence they seek.

In this case, you cannot use a lack of probable cause to defend against your charges.

  • Search Incident for a Law Arrest

When a person faces a legal arrest, officers can search them and the immediate area. This aims at uncovering any weapons and ensuring the officers' safety. For example, if you face an arrest while in your vehicle, the officer can search the immediate area to ensure you are not carrying any firearms.

  • Plain View Doctrine

A law enforcement officer can seize a piece of evidence that is in plain view without a warrant. For example, if an officer stops your vehicle at a traffic stop, they can confiscate any weapons or drugs they see in the car during your interactions with them.

  • Consent Search

Officers do not need probable cause or a search warrant if you consent to the search. However, the search scope will be limited to the areas you agree to. In this case, you can withdraw the consent to continue searching at any time.

Probable Cause in Preliminary Hearings

Another instance where probable cause applies is during preliminary hearings. If you face felony charges in California, the initial hearing is one of the most essential proceedings for your case. In a preliminary hearing, the district attorney must show probable cause to continue with the prosecution. The preliminary hearing allows the court to check the strength of the prosecution's case against you.

During this hearing, you have the opportunity to challenge the case. Also, you can seek its dismissal. For felony defendants, the court schedules a preliminary hearing within ten days of arraignment. However, there are instances when the court can postpone it.

At the preliminary hearing, it is essential to have expert legal guidance. Your attorney will help you present evidence and cross-examine witnesses. The aim of the defense at the preliminary hearing is to show that there is not enough evidence to move forward with the case.

However, the burden of proof lies with the district attorney's office. They must show that the case is strong enough and that they can obtain a conviction if it goes to trial. In most cases, the DA prevails in the hearing because the probable cause is a low standard.

If a grand jury indicts you, you have no right to a preliminary hearing. Sometimes, the prosecution can offer you a favorable plea if you agree to waive your rights to this hearing. Before discussing your options with your criminal defense attorney, you should not accept any plea deals. Your lawyer ensures your rights are protected, and you only accept a plea.

You lose the preliminary hearing when a judge finds probable cause to proceed to prosecution. In this case, the case is transferred to the superior court for a jury trial. If a judge finds no probable cause, you will win the preliminary hearing and can have your case dismissed.

If your felony was for a wobbler offense, the court can reduce your charges to a misdemeanor. A case dismissed at this stage is the best outcome. This is because you do not have to go through a trial. However, since your case has not been tried, the district attorney can refile the criminal charges in a different case.

Differences Between the Preliminary Hearing and Trial

If you face new charges for the same offense, the bail you posted for the first instance can apply to the new case. Some people assume that preliminary hearings are similar to trials. However, they have the following differences:

  • A trial is a lengthy proceeding, while a preliminary hearing could take up to 30 minutes.
  • The standard of proof needed at trial is "beyond a reasonable doubt." On the other hand, probable cause is the standard for the preliminary hearings.
  • The judge presides over a preliminary hearing, while most trials are before a jury.

 Find a Skilled Criminal Defense Attorney Near Me

Probable cause represents the reasonable belief that a person has engaged in unlawful acts. There are several instances where the probable cause applies. Before an officer stops your vehicle, they must have probable cause. This may include speeding, traffic violations, and erratic driving.

Even after a traffic stop, an officer cannot arrest you without probable cause. Also, officers will need probable cause to search a home or vehicle. If you face an arrest and criminal charges in California, you can present a lack of probable cause to defend your case.

If an officer stopped, arrested, or searched you without probable cause, you could seek a dismissal of the evidence collected or the entire case. However, proving a lack of probable cause can be complex. Therefore, you will need our expert legal insight at the Law Offices of Jonathan Franklin. Call us at 310-273-9600 from Los Angeles, CA, and let us guide you through the case.